IMPORTANT POINT
Complainant must approach Consumer Forum with clean hands.

Dr. S. M. Kantikar, Member—This order shall decide three revision petitions. For the sake of convenience the parties are placed in same rank as in the complaint that is, Bala Devi is the complainant, the Noida Medical Centre as (OP-1), Dr.Ajay Aggrawal(OP-2) and Dr.Meenakshi A.N. as OP-3. The facts are taken from the RP No. 4469 of 2014.

2. Briefly stated, the facts of the case are that the complainant, Smt. Bala Devi ( a patient herein) was suffering from abdominal pain, backache and menstrual problems. She consulted Dr. Ajay Aggarwal, the OP-2, who, after thorough investigations, diagnosed it as Cystic mass in the pelvic cavity of patient. She got admitted in Noida Medicare Centre Ltd.(OP-1) on 18.9.2006. Dr. Ajay Aggarwal (OP-2) and Dr. Meenakshi A.N.(OP-3) assured the patient that it will be a small operation for removal of cyst only and it will cost only Rs.40,000/- to Rs.50,000/- The OP-3 performed operation on 21.9.2006, but resulted into the intestinal injury which was not noticed by OP-3. Therefore, patient had developed abdominal distension and could not pass flatus and stools. Subsequently, the patient was operated for the second time, again, on 30.9.2006 and 16.10.2006. The complainant alleged that, OP-2 and 3 concealed the serious condition of patient from relatives, and refused to discharge her or to take second opinion or referral to some other hospital. OPs did not issue the entire medical record to the relatives at the time of discharge. The patient was discharged on 26.10.2006, after conducting 3rd exploratory laparotomy operation by OP-3, while keeping several holes with tubes attached to the abdomen. The complainant incurred total expenses of Rs.6,23,000/- plus Rs.1,00,000/- miscellaneous expenses for medicine etc., thereafter, she took treatment at Metro Hospital on 21.2.2007, and incurred further expenses at about Rs.88,000/-. Therefore the complainant alleged that due to negligence of OP-1, 2 and 3, she suffered physically, mentally and lost her lifetime earnings. Hence filed a complaint before the District Forum, G.B.Nagar claiming total compensation of Rs. 16 lakhs.

3. The District Forum allowed the complaint and directed the OPs to refund the amount of Rs.2,40,000/- received from the complainant and pay Rs.1,00,000/- for mental agony, Rs. 1,00,000/ for physical pain and Rs.5,000/- for litigation expenses. The complainant is entitled for 6% simple yearly interest on this amount from the date of complaint.

4. Aggrieved by the order of District Forum, three First appeals were filed, as FA 174/2011 by Noida Medical Centre(OP-1) and Dr.Ajay Aggrawal (OP-2) and FA 541/2011 by Dr. Meenakshi A.N.(OP-3) for dismissal of complaint whereas FA 99/2011 was filed by Complainant for enhancement of compensation.

5. The State Commission by its order dated 30.09.2014 exonerated Dr.Ajay Aggarwal (OP-3) from the liability and dismissed the appeals filed by both the parties. Aggrieved by the impugned order, three revision petitions arose.

6. Heard the counsel for the parties. The counsel for complainant reiterated the facts mentioned in the complaint, that the OP 2 and 3 misguided and concealed the serious condition of the patient from her husband and relatives. Therefore, the OP 3 again operated the patient on 30.9.2006 for laparotomy, drainage of right and left pancreatic gutter and pelvic abscess. She developed peritonitis and for third time was operated for exploratory laparotomy with ileostomy terminal mucus fistula operated by OP 3 on 16.10.2006, and put several drains in her body. Thus, it was a clear case of medical negligence wherein, the patient underwent multiple operation, suffered for long time and finally took treatment at Metro Hospital.

7. The counsel for OPs denied the allegation of any medical negligence and submitted that the treatment was proper. The counsel for OP-1 pointed out that, complainant did not pay hospital dues, issued a cheque which got bounced, hence OP filed a case under Section 138 of Neg